61 So. 3d 399 - State v. Fleming’s Empirical Analysis

Citation profile

29 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Our precedents make clear ... that the “statutory maximum” for Apprendi purposes is the maximum sentence a judge may impose solely on the basis of the facts reflected in the jury verdict or admitted by the defendant. In other words, the relevant “statutory maximum” is not the maximum sentence a judge may impose after finding additional facts, but the maximum he may impose without any additional findings. When a judge inflicts punishment that the jury’s verdict alone does not allow, the jury has not found all the facts “which the law makes essential to the punishment,” and the judge exceeds his proper authority.”

   1 later decision quote this exact passage
   e.g. 148 So. 3d 90 - William J. Plott v. State of Florida

2. “[W]hen a sentence is vacated, the defendant is resentenced at a new proceeding subject to the full panoply of due process rights, and (2) the decisional law in effect at the time of a de novo resentenc-ing or before that resentencing is final applies to those proceedings and the issues raised on appeal. Consonant with these two principles, we hold that Ap-prendi and Blakely apply to all de novo resentencings that were not final when Apprendi and Blakely issued regardless of when the conviction or original sentence was final.”

   1 later decision quote this exact passage · from the dissent
   e.g. 69 So. 3d 367 - Boardman v. State

3. “During the pendency of the belated appeal. Fleming filed a motion under Florida Rule of Criminal Procedure 3.800(b)(2), claiming that his new sentence violated Apprendi and Blakely”

   1 later decision quote this exact passage
   e.g. 148 So. 3d 90 - William J. Plott v. State of Florida